Smart vs Roberts: The iLovecreamsoda debacle - A SidAlpha Editorial decision
Hey guys, so as many of you reading this may know, yesterday (10/28/2015), I published my video in regards to iLovecreamsoda's "Threat Assessment" of Derek Smart in relation to statements and accusations made towards Star Citizen and Cloud Imperium Games. In this video, I discussed most of the online postings about this made by Derek Smart and iLoveCreamSoda while showing evidence of these postings within my video via displaying my browser window.
There's a lot of legal goings on here guys that have a VERY real potential of coming back to bite iLovecreamsoda directly in the ass due to defamation of character. DS and Creamsoda have been in communication and they have reached some form of agreement. I am not privy to the details, nor do I wish to be as I am not an involved party. As a result of this agreement DS informed me that Creamsoda would most likely be reaching out to me in order to take my video down or he would possibly attempt a DMCA takedown of the video. As a result of this, I had basically very few options. They were:
1: Laugh it off and force Creamsoda to issue a DMCA - Just so you guys are aware, a Digital Millenium Act "Take down" is automatic and VERY dangerous for a YouTube Channel. It's basically 3 strikes and you're out. Your channel goes away FOREVER. Of course, there are ways to combat this and as my video shows this PUBLICLY AVAILABLE documentation for commentary and news purposes, it 100% covered under the terms of Fair Use... So essentially, if it came to defending myself and my channel, I would fight and I would win.
2: Voluntarily pull my video down - This would compromise my integrity and betray my viewership and is, quite simply, NOT GOING TO HAPPEN. I may be a small channel, but I am serious about what I do and protect my viewers and their rights religiously. That is the entire reason for my Channel's existence and I will not betray those values for anyone.
3: Do nothing - In doing nothing I feel I would be leaving Creamsoda to drift in the wind over a silly mistake in judgement. In good conscience, I could never do such a thing.
4: Compromise - Do something to help out Creamsoda without betraying my viewership or ideals on which my Channel was founded.
Obviously, I went with Option 4.
In order to help out Creamsoda, I agreed to block out the visuals of the "Threat Assessment" as this would appease everyone involved without compromising my Channel's integrity and while maintaining the intended informational component of my video. As such, YouTube is absolutely no help at all. As a result I am having to use "YouTube Enhancements"... lol.... to blur my entire video. I will be re-editing and uploading a new video replacing the visual component of Creamsoda's public posting of the Assessment with a black screen including text explaining why that visual component is missing. No other changes are being made to the video.
The original will be left in place with full blur for 30 days as of the date of the upload of the newly edited video.
Just so you all know, I am doing this voluntarily and am under no personal or legal obligation to do so. I'm simply trying to help the guy out. So that's all guys, I'll see you next time!